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Justices of the Peace Act 1968

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This is the original version (as it was originally enacted).

4Travelling, subsistence and financial loss allowances

(1)Section 8(1) to (4) of the Justices of the Peace Act 1949 shall be amended in accordance with subsections (2) to (4) below, and shall accordingly have effect (subject to the other provisions of that section) as set out in Schedule 4 to this Act with the amendments made by this Act and section 31 of the [1964 c. 42.] Administration of Justice Act 1964.

(2)In section 8(1) there shall be added at the end the words " and to receive payments at the prescribed rate by way of financial loss allowance where for that purpose there is incurred by him any other expenditure to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the National Insurance Acts 1965 to 1967 which he would otherwise have made or received "; and in section 8(3)(b), as amended by section 31 of the Administration of Justice Act 1964, for the words " a travelling or subsistence allowance " there shall be substituted the words " a payment of the like nature ".

(3)There shall be omitted section 8(3)(a) (which, as so amended, excludes payment of subsistence allowances in respect of duties performed not more than three miles from the justice's usual place of residence).

(4)In section 8(4) there shall be omitted the words " at the time when his salary is determined ",

and there shall be added at the end the words " nor in any event to a payment by way of financial loss allowance ".

(5)In section 36 of the [1949 c. 101.] Justices of the Peace Act 1949 (which, as amended by section 31 of the Administration of Justice Act 1964, provides for the payment of travelling and subsistence allowances to members of probation and after-care committees or case committees)—

(a)there shall be added at the end of subsection (1) the same words as under subsection (2) above are to be added to section 8(1); and

(b)there shall be omitted subsection (2) (which corresponds to section 8(3)(a)).

(6)There shall be defrayed out of moneys provided by Parliament any increase attributable to this section in the sums which under any other enactment are payable out of moneys so provided.

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